Case of Korolchuk in Ussuriysk

Case History

In June 2019 in the city of Ussuriysk, searches were conducted in the homes of peaceful citizens Sergey Korolchuk and Dmitriy Tishchenko. The searches were conducted because of a criminal case under Article 282.2(1) of the Criminal Code of the Russian Federation initiated by E. Marvanyuk, the investigator of the Investigative Committee of the Russian Federation for the Primorsky Territory. The third defendant was Anton Chermnykh, the father of a young child. The case was based on the testimony of FSB officer K. Rusakov, who for about a year followed the believers and listened in on Tishchenko’s telephone conversations. In the opinion of the investigation, by meeting friends in a cafe to discuss the Bible, the men committed “a crime against the foundations of the constitutional order and the security of the State.” The believers were under house arrest for almost three years. In September 2020 Judge Dmitry Babushkin began considering the case in the Ussuriysky District Court. The defense emphasized that the key witness gave false testimony, and expert Oleshkevich made a biased and incompetent conclusion. On November 30, 2022, the judge found the believers guilty and gave them six-year suspended prison sentences, and in May 2023 the appellate court upheld this decision.

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    Case initiated Art. 282.2 (1) Tapping and hidden surveillance

    Lieutenant of Justice E. S. Marvanyuk, investigator of the Investigative Directorate for Ussuriysk of the Investigative Committee of the Russian Federation for the Primorsky Territory, makes a decision to initiate a criminal case under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation. The reason for this is the testimony of the witness K.V. Rusakov, an employee of the department of the FSB of Russia in the Primorsky Territory in Ussuriysk, who from 21.08.2017 to 23.09.2018 conducted surveillance and listened to telephone conversations of believers.

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    Search

    Judge of the Ussuriysk District Court Konstantin Trofimov orders a search in the apartments of Sergey Korolchuk and Dmitry Tishchenko.

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    Search Temporary detention facility

    The dwellings of Korolchuk and Tishchenko are being searched. Electronic devices and media, personal records, as well as a wooden magnet are seized from believers. Sergey Korolchuk is detained as a suspect.

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    Temporary detention facility

    Judge of the Ussuriysk District Court Konstantin Trofimov rejects the investigator's petition to elect a measure of restraint to Sergey Korolchuk in the form of detention. The believer is released in the courtroom.

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    Search Temporary detention facility Tapping and hidden surveillance Art. 282.2 (1) Interrogation Recognizance agreement

    Investigator E. S. Marvanyuk makes a decision on the election of Sergey Korolchuk as a preventive measure in the form of a written undertaking not to leave and proper behavior.

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    Art. 282.2 (1)

    Anton Chermnykh, Dmitry Tishchenko and Sergey Korolchuk are charged under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation.

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    Recognizance agreement

    Anton Chermnykh and Dmitry Tishchenko are elected a measure of restraint in the form of a written undertaking not to leave and proper behavior.

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    Search Art. 282.2 (1) Recognizance agreement
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    Expert studies with violations

    A religious forensic examination of the materials provided by the investigation is being carried out. The expert concludes that Dmitry Tishchenko "is the leader of a religious group." In his opinion, "any religious association professing the doctrine of Jehovah's Witnesses is part of the banned extremist religious organization 'Administrative Center of Jehovah's Witnesses in Russia.'"

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    A protocol of notification of the completion of investigative actions against Chermnykh is signed.

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    A protocol of notification of the completion of investigative actions against Tishchenko and Korolchuk is signed.

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    Case returned to investigator

    The prosecutor's office returns the case for further investigation. The Investigative Committee should conduct a "comprehensive psychological\u2012linguistic\u2012religious" examination.

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    Case returned to investigator

    It becomes known that no later than March 30, 2020, the prosecutor's office returned the case for further investigation. The Investigative Committee should conduct a linguistic examination.

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    Expert studies with violations

    A psychological, linguistic and religious forensic examination of the transcript of the service, at which believers sing songs, pray and discuss the practical application of biblical advice, is being conducted. The expert concludes that Tishchenko, Korolchuk and Chermnykh "are the spiritual leaders of the LRO Jehovah's Witnesses in Ussuriysk" and its "leading preachers."

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    Art. 282.2 (1)

    Korolchuk, Tishchenko and Chermnykh are formally charged with committing a crime under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation. Believers do not plead guilty, deny involvement in any extremist activity and motives of hatred or enmity.

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    Familiarization with the materials of the criminal case is being completed.

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    The criminal case with the indictment is sent to the Ussuriysk city prosecutor T. V. Kushnarev.

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    The Ussuriysk city prosecutor approves the indictment against Dmitry Tishchenko, Sergey Korolchuk and Anton Chermnykh.

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    Case went to court

    The case of believers is submitted to the Ussuriysk District Court of Primorsky Krai. It is appointed to Judge Dmitry Babushkin, who is considering the case of another Jehovah's Witness, Sergey Melnikov.

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    Hearing in a court of the first instance

    About 20 people come to the courthouse to support the believers, but they are not allowed to enter the courtroom due to the pandemic.

    Judge Dmitry Babushkin grants the request for openness and publicity of the trial and does not object to the video broadcast.

    Despite the prosecutor's objection, the judge attaches to the case the resolution of the Committee of Ministers of the Council of Europe. When asked by the judge how this document is related to this criminal case, the defense explains that in its document the Committee of Ministers refers to specific cases of Jehovah's Witnesses in Russia and assesses the situation of representatives of this denomination in the country as a whole. "Therefore, the resolution is directly related to our criminal case," the defendants explain.

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    Hearing in a court of the first instance

    Four listeners who came to support the believers are not allowed into the hall.

    The prosecutor reads out the indictment. The defendants express their attitude to the charges, they do not admit guilt.

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    Hearing in a court of the first instance Interrogation

    The key witness for the prosecution, FSB officer Rusakov K.V., is being interrogated. In this regard, the defendants declare that they cannot build a line of defense.

    During the interrogation, the fact of perjury on the part of Rusakov is revealed. The defense makes another statement that the court cannot trust the testimony of this witness. Judge Babushkin makes both observations in the record and declares that he will take them into account when sentencing.

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    Hearing in a court of the first instance

    The announcement of the case materials continues. The prosecutor reads out volumes 3 to 6. During the trial, Judge Dmitry Babushkin tells the prosecutor which of the case materials to pay attention to.

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    Hearing in a court of the first instance Interrogation

    Witness Gerasimenko, the administrator of the café where the friendly meeting of believers took place, is being interrogated. Of the defendants, she recognizes only Dmitry Tishchenko. She cannot confirm that she was interrogated in May 2019, although the documents bear her signature. Gerasimenko also explains that she was not in the café at the time of the meeting of believers, so she does not know what happened there.

    During the interrogation, the judge again tells the prosecutor which petitions are better to file.

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    Hearing in a court of the first instance Expert studies with violations

    The 7th volume of the case is read out. The court draws attention to the examination of Nadezhda Oleshkevich, associate professor of the Department of Philosophy and Legal Psychology of the Vladivostok State University of Economics and Service. The defense notes that the examination was carried out in a biased and incompetent manner.

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    Prosecutor requested punishment

    The prosecutor asks for suspended sentences for believers: Sergey Korolchuk and Dmitry Tishchenko 6 years and 6 months each, and Anton Chermnykh 6 years. He also asks to assign everyone a probationary period of 5 years with restriction of liberty for 1 year and deprivation of the right to participate in the activities of public organizations for a period of 5 years.

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    Final statement In the courtroom

    All the defendants make their final statements. "Despite the criminal prosecution, we consistently prove our peacefulness and that Jehovah's Witnesses and extremism are incompatible," said one of them.

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    Art. 282.2 (1) First Instance Sentence Suspended sentence Rosfinmonitoring Minors

    Judge of the Ussuriysk District Court of Primorsky Krai Dmitry Babushkin finds Sergey Korolchuk, Anton Chermnykh and Dmitry Tishchenko guilty and sentenced to 6 years of suspended imprisonment, 4 years of probation and 1 year of restriction of freedom.

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    Court of Appeal Suspended sentence Art. 282.2 (1)
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